CATEGORY OF “PROPERTY” AND SUBJECTS OF PROPERTY RIGHTS PROTECTION OF THE ECHR

Abstract

Introduction The questions of the subjective structure of the procedure for protecting property rights in the ECHR has been controversial for a long time among researchers and lawyers due to the perception that prevailed for quite a long period that commercial organizations cannot be applicants to the European Court of Human Rights (hereinafter referred to as the ECHR). To a certain extent, it was based on the title of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention), which contains an indication of human rights and freedoms; partly – of the wrong interpretation of the provisions of Art. 34 of the Convention, which provides the possibility of applying to the ECHR for individuals, non-governmental organizations or groups of individuals. This misconception about the ability of the ECHR to deal with complaints of commercial organizations also led to the fact that its case practice was not analyzed for the purpose of its use in resolving commercial disputes and therefore did not have the effect that it would, in fact, have on law enforcement (including judicial) practice. This highly pervasive misconception was to some extent “undermined” by the ECHR’s ruling on the individual complaint of the Russian joint-stock company “Sovtransavto contra Ukraine” (ECHR judgment of October, 2nd 2003 in the case of “Sovtransavto Holding contrat Ukraine”, No 48553 complaint / 99 (CASE of Sovtransavto HOLDING art. UKRAINE). The case is based on the application (No 48553/99) filled in court against Ukraine by the Russian company ‘Sovtransavto-Holding’ on May 11th, 1999 in accordance with the Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Most other human rights and fundamental freedoms can only be used by private individuals otherwise the articles which regulate these rights and freedoms can be interpreted as not extending to legal persons 1 . At the same time, the European Court of Human Rights also gave more signification to the term “person” according to Convention and allows supporting claims of